The General Office of the Ministry of Human Resources and Social Security ("MOHRSS") recently issued the Letter on Matters concerning the Conclusion of Electronic Labor Contracts (the “Letter”).

The Letter reads that the Request for Instructions on Electronization of Labor Contract Management during the Epidemic Prevention and Control Period submitted by the Beijing Municipal Human Resources and Social Security Bureau has been well received, and a feedback is given as below after research: an employer may enter into, in electronic form, a written labor contract with a laborer by consensus. In a labor contract made electronically, data messages that could be considered as the written form and reliable electronic signatures may be employed provided that they conform to the provisions of such laws and regulations as the Law on Electronic Signatures. Employers shall ensure that the generation, transmission and storage of electronic labor contracts meet the requirements as set out in such laws and regulations as the Law on Electronic Signatures and that the contracts are complete, accurate and not modifiable. An electronic labor contract that complies with the provisions of the Labor Contract Law and the aforesaid requirements will be legally effective once it has been concluded, and the employer and the laborer shall, as agreed in the electronic labor contract, fulfill their respective obligations.

(Source: Ministry of Human Resources and Social Security)